In accordance with Paragraph 38 of the National Planning Policy Framework the Local Planning Authority has worked with the applicant in a positive and proactive manner to approve the proposed development, which accords with the Local Plan and the National Planning Policy Framework.
Pre-commencement Statutory Biodiversity Net Gain Condition The effect of Paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 is that, subject to some exemptions, every grant of planning permission in England is deemed to have been granted subject to the biodiversity gain condition that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. Based on the information available this permission is considered to be one which WILL require the approval of a Biodiversity Gain Plan before development is begun because none of the statutory exemptions or transitional arrangements are considered to apply. This objective is for development to deliver at least a 10% increase in biodiversity value relative to the pre-development biodiversity value of the onsite habitat. This increase can be achieved through onsite biodiversity gains, registered offsite biodiversity gains or statutory biodiversity credits. There are statutory exemptions and transitional arrangements which mean that the biodiversity gain condition does not always apply. These can be found at Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk). The Planning Authority, for the purposes of determining whether to approve a Biodiversity Gain Plan in respect of this permission is Cannock Chase District Council. When submitting an application to discharge the biodiversity gain condition, the LPA requests that the applicant uses the standard national templates for a Biodiversity Gain Plan and a Habitat Management and Monitoring Plan. Submit a biodiversity gain plan - GOV.UK (www.gov.uk) The Biodiversity Gain Plan should be submitted as an ‘application for approval of details reserved by condition following grant of planning permission’ via the Planning Portal. The biodiversity gain condition cannot be removed or varied. Development to Proceed in Phases Where the permission granted has the effect of requiring or permitting the development to proceed in phases, the modifications in respect of the biodiversity gain condition which are set out in Part 2 of the Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024 apply. In summary: Biodiversity Gain Plans are required to be submitted to, and approved by, the planning authority before development may be begun (the overall plan), and before each phase of development may be begun (phase plans). Biodiversity net gain - GOV.UK (www.gov.uk) Irreplaceable Habitat If the on-site habitat includes irreplaceable habitat (within the meaning of the Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) there are additional requirements for the content and approval of Biodiversity Gain Plans. Irreplaceable habitats - GOV.UK (www.gov.uk) Effect of Section 73D of the Town and Country Planning Act 1990 If planning permission is granted on an application made under Section 73 of the Town and Country Planning Act 1990 and a Biodiversity Gain Plan was approved in relation to the previous planning permission (“the earlier Biodiversity Gain Plan”) there are circumstances when the earlier Biodiversity Gain Plan is regarded as approved for the purpose of discharging the biodiversity gain condition subject to which the Section 73 planning permission is granted. Those circumstances are that the conditions subject to which the Section 73 permission is granted: i) do not affect the post-development value of the onsite habitat as specified in the earlier Biodiversity Gain Plan, and ii) in the case of planning permission for a development where all or any part of the onsite habitat is irreplaceable habitat the conditions do not change the effect of the development on the biodiversity of that onsite habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan. iii) habitat (including any arrangements made to compensate for any such effect) as specified in the earlier Biodiversity Gain Plan.
The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan Planning Drawing JMD 01A Reason For the avoidance of doubt and in the interests of proper planning.
The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. Reason To comply with the requirements of Section 91 of the Town & Country Planning Act 1990.
Prior to the first occupation of the hereby approved development, the site accesses shall be completed within the limits of the public highway in accordance with submitted ‘Planning Drawing’ Drawing Number JMD 01A. The accesses and visibility splays are then to be retained for the life of the development. Reason In the interest of highway safety, in accordance with the NPPF.
The proposed parking as shown on the approved plan shall be sustainably drained, hard surfaced in a bound material prior to the first occupation of the dwelling hereby permitted. Thereafter the parking areas shall be retained in accordance with the approved plans for the lifetime of the development. Reason In the interest of highway safety, in accordance with the NPPF.
The approved landscape works shown on Planning Drawing JMD 01A shall be carried out in the first planting and seeding season following the occupation of any buildings or the completion of the development whichever is the sooner. Reason In the interest of visual amenity of the area. In accordance with Local Plan Policies CP3, CP12, CP14 and the NPPF.
No materials shall be used for the external surfaces of the development other than those specified on the application. Reason In the interests of visual amenity and to ensure compliance with Local Plan Policies CP3, CP15, CP16, RTC3 (where applicable) and the NPPF.
Any trees or plants which within a period of five years from the date of planting die, are removed or become seriously damaged or diseased, shall be replaced in the following planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Reason In the interests of visual amenity of the area. In accordance with Local Plan Policies CP3, CP12, CP14 and the NPPF.
No plant or machinery shall be operated, no loading or unloading of vehicles and no movement of commercial vehicles to or from the site shall take place outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 Saturday. None of the above operations shall be carried out at any time on Sundays or Bank and Public Holidays. Reason To ensure that the proposed development does not prejudice the enjoyment by neighbouring occupiers of their properties and to ensure compliance with the Local Plan Policies CP3 - Chase Shaping, and the NPPF.
Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking and re-enacting that Order with or without modification), no development within Part 1 of Schedule 2 to the Order shall be carried out without an express grant of planning permission, from the Local Planning Authority. Reason The Local Planning Authority considers that such development would be likely to adversely affect the amenity of neighbouring occupiers and the character of the area. It is considered to be in the public interest to require an application to enable the merits of any proposal to be assessed and to ensure compliance with Local Plan Policy CP3 - Chase Shaping - Design and the NPPF.
Coal Authority (i) The proposed development lies within a coal mining area which may contain unrecorded coal mining related hazards. If any coal mining feature is encountered during development, this should be reported immediately to the Mining Remediation Authority on 0345 762 6846 or if a hazard is encountered on site call the emergency line 0800 288 4242. Further information is also available on the Mining Remediation Authority website at: https://www.gov.uk/government/organisations/mining-remediation-authority
Staffordshire Highways Authority (ii) The works required within Condition 3 will require the relevant permit from our Network Management Section. Please note that prior to the access being constructed you require Section 184 Notice of Approval from Staffordshire County Council. The link below provides a further link to 'vehicle dropped crossings' which include a 'vehicle dropped crossing information pack' and an application form for a dropped crossing. Please complete and send to the address indicated on the application form which is Staffordshire County Council at Network Management Unit, Staffordshire Place 1, Tipping Street, STAFFORD, Staffordshire, ST16 2DH. (or email to trafficandnetwork@staffordshire.gov.uk) http://www.staffordshire.gov.uk/transport/staffshighways
Understand planning application documents, officer reports and decision notices. Use a reading checklist, document table and worked example to inspect a case.
Understand pending consideration, approved, refused and withdrawn planning applications. Compare status labels and find the documents explaining each outcome.
Read planning drawings, floor plans, elevations and sections. Use labelled diagrams, a drawing comparison table and revision checks to understand a proposal.